Lease renegotiation on new build possible?

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    Lease renegotiation on new build possible?

    In process of buying a new build flat. There are several other people within the same development buying at the same time.
    Because the lease has been badly drawn up by the developers solicitor, are several things within the lease which I would like renegotiated or taken out. Is it possible to have different lease covenants to the other lessees on the development, or does everyone have to have more or less the same lease?
    Thx

    #2
    Read the draft lease's wording. It probably states that the lessor will grant all the leases in the same format. This is often a mortgagee's requirement too. Why not ask your solicitor to negotiate amendments applicable to all leases, correcting the bad drafting?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks Jeffrey..It maybe burred in some legal jargon, but can't see anywhere in the lease were it states that the lessor will grant all the leases in the same format. How would it be worded?
      I would ask my solicitor, but just not sure what the norm is in this situation with other buyers solicitors involved. Want to know where I stand before I consider doing so.

      Comment


        #4
        Look at the first batch of provisions, after the Prescribed Clauses frontsheet and the parties' names. Are there Recitals (= the story so far + definitions) before the wording that states the parties names? If so, the paragraph about similarity of format might be just before the bit reading "Now this Lease witnesses as follows".
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          So what happens when a Lease (actually all Leases) state the Landlord will issue all leases in the same format.

          And then they don't?

          (Situation: Block of apartments where all leases contain a line that "all previous leases and all subsequent leases are and will be of 'substiantially the same form' or 'as near as circumstances admit and require'" but the landlord then struck out several rights and easements that were contained in the first couple of Leases?)

          Comment


            #6
            Okay found it... so I as the lessee can enforce covenants on other lessees of the building and vice versa. Hence If I get something changed on my lease it needs to apply to all the other lessees. Following on from JasX's post how does one ensure everyone in the building have the same lease covenants?

            Comment


              #7
              Originally posted by JasX View Post
              So what happens when a Lease (actually all Leases) state the Landlord will issue all leases in the same format.

              And then they don't?

              (Situation: Block of apartments where all leases contain a line that "all previous leases and all subsequent leases are and will be of 'substiantially the same form' or 'as near as circumstances admit and require'" but the landlord then struck out several rights and easements that were contained in the first couple of Leases?)
              Then any lessee can sue the lessor for breach of covenant.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Originally posted by sallyann View Post
                I as the lessee can enforce covenants on other lessees of the building and vice versa.
                No, I did not say that! You as T can enforce L's covenants only. However, if L covenants that he will enforce lessees' covenants:
                a. you can enforce that on him; and
                b. he has to enforce theirs against them.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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